Consent to the processing of personal data and our rights

"To believe or not to believe?"
15.02.2018

Consent to the processing of personal data and our rights

This material was prepared by a group of Orthodox lawyers of the city of Smolensk and was made in the form of answers to the most frequently asked questions. We offer you to get acquainted with the explanation of Smolensk Orthodox lawyer Alexei Sinitsyn on the processing of personal data.

- Recently, almost all state and municipal organizations have begun to demand consent to the processing of personal data. Do I have the right to refuse to sign such an agreement, and in this case, will they deprive me of state or municipal services (for example, the possibility of issuing child allowance)?

- Indeed, consent to the processing of personal data has now begun to be required almost everywhere. However, it should be noted that in most cases this consent is taken without any legal basis, under the guise of a formal reference to Federal Law No. 152-ФЗ dated July 27, 2006 “On Personal Data”.

In fact, paragraph 1 of Article 6 of the Law contains 11 grounds for the processing of personal data, which can be divided into two groups: cases where the processing of personal data is allowed with the consent of the subject of personal data (that is, with your consent), and cases where consent the subject of personal data is not required for processing. Moreover, the list of cases when the relevant authority has the right to process your personal data without your consent, indicated in this article, is exhaustive and is not subject to any extended interpretation. Let's list all these cases here in full:

  • the processing of personal data is necessary to achieve the goals stipulated by the international treaty of the Russian Federation or the law, for the implementation and fulfillment of the functions, powers and duties imposed by the legislation of the Russian Federation on the operator;
  • the processing of personal data is necessary for the administration of justice, the execution of a judicial act, the act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter - the execution of a judicial act);
  • processing of personal data is necessary for the provision of state or municipal services in accordance with Federal Law No. 210-FZ of July 27, 2010 “On the Organization of Provision of State and Municipal Services”, to ensure the provision of such a service, for registering a subject of personal data on a single portal of state and municipal services;
  • processing of personal data is necessary for the execution of the contract, of which either the beneficiary or the guarantor is a party to the personal data, as well as to enter into a contract initiated by the subject of personal data or a contract for which the subject of personal data will be the beneficiary or guarantor;
  • the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data, if the consent of the subject of personal data is impossible;
  • the processing of personal data is necessary for the exercise of the rights and legitimate interests of the operator or third parties or to achieve socially significant goals, provided that this does not violate the rights and freedoms of the subject of personal data;
  • personal data processing is necessary for the professional activities of a journalist and (or) the legal activities of the media or scientific, literary or other creative activities, provided that this does not violate the rights and legitimate interests of the subject of personal data;
  • the processing of personal data is carried out for statistical or other research purposes, with the exception of the purposes specified in Article 15 of the Law on Personal Data, subject to the mandatory de-identification of personal data;
    the processing of personal data to be published or mandatory disclosure in accordance with federal law.

In all other cases, the processing of personal data is carried out only with the consent of the subject of personal data (i.e. with your consent).

Thus, in the event that the processing of personal data is necessary for the implementation and fulfillment of functions, powers and duties imposed on the operator of the Russian Federation’s legislation, obtaining consent for the processing of personal data is not required (Section 2 of1 tbsp. 6 of the Federal Law "On Personal Data"). Also, consent is not required when applying for state and municipal services, which include the payment of a monthly allowance for a child (Section 4, Part 1, Article 6 of the aforementioned Law).

In case of refusal to sign such consent, the operator (body or person processing personal data) is not entitled to restrict you in receiving the service. At the same time, the processing of personal data will be carried out by virtue of the powers granted to it by the above-stated norms of the Law.

It should be noted that if for any reason you consent to the processing of personal data, pay attention to their list. The fact is that in accordance with paragraph 5 of Art. 5 of the Federal Law "On Personal Data" the content and volume of processed personal data must comply with the stated processing objectives. The processed personal data should not be redundant in relation to these goals.

And if the list of personal data, consent to the processing of which you are being offered to give, contains information that is not related, in your opinion, to the processing objectives, ask the operator’s employee to justify their inclusion.If there is no justification, and also if the justification seems unconvincing to you, request that the above information be removed from the list or above your signature, mark the note “except for the following personal data: ..” and list the data that you refuse to consent to processing.

A source:
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  • Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights

    Consent to the processing of personal data and our rights